Executive Orders: Hearing Before the Subcommittee on Legislative and Budget Process of the Committee on Rules, House of Representatives, One Hundred Sixth Congress, First Session, on the Impact of Executive Orders on the Legislative Process, Executive Lawmaking? October 27, 1999

Front Cover

From inside the book

Other editions - View all

Common terms and phrases

Popular passages

Page 144 - ("[T]he great security against a gradual concentration of the several powers in the same department, consists in giving to those who administer each department, the necessary constitutional means, and personal motives, to resist encroachments of the others. . . . Ambition must be made to counteract ambition.");
Page 50 - The accumulation of all powers, legislative, executive, and judiciary in the same hands, whether of one a few or many, and whether hereditary, self-appointed, or elective, may justly be pronounced the very definition of tyranny.
Page 63 - 3. When the President takes measures incompatible with the expressed or implied will of Congress, his power is at its lowest ebb, for then he can rely only upon his own constitutional powers minus any constitutional powers of Congress over the matter.
Page 56 - to those officers, to whom it belongs, to cause prosecutions to be instituted against all persons, who shall, within the cognizance of the Courts of the United States, violate the law of nations, with respect to the powers at War, or any of them.
Page 59 - by virtue of the power in me vested as Commander-InChief of the Army and Navy of the United States in time of actual armed rebellion against the
Page 101 - at 582.] The President's power, if any, to issue the order must stem either from an act of Congress or from the Constitution itself. [The authors have added boldface to certain passages for emphasis.] There is no statute that expressly authorizes the President to take possession of
Page 105 - II,' 3. The nature of that authority has for me been comprehensively indicated by Mr. Justice Holmes. "The duty of the President to see that the laws be executed is a duty that does not go beyond the laws or require him to achieve more than Congress
Page 57 - their people in wars, pretending generally, if not always, that the good of the people was the object. This, our Convention understood to be the most oppressive of all Kingly oppressions; and they resolved to so frame the Constitution that no one
Page 17 - ears, or cut out or disable the tongue, put out an eye, slit the nose, cut off the nose or a lip, or cut off or disable any limb or member of any person, with intention in so doing to maim or disfigure such person in any of the manners before mentioned.
Page 10 - a systematic, unbroken, executive practice, long pursued to the knowledge of the Congress and never before questioned, engaged in by Presidents who have also sworn to uphold the Constitution . . . may be treated as a gloss on 'executive power" vested in the President by § 1 of art. II.

Bibliographic information